Case against inmate who assaulted barber dismissed without prejudice

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SUPERIOR Court Associate Judge Joseph N. Camacho has granted the motion of the prosecution to dismiss the case against Kennedy Masubed, an inmate accused of assaulting a barber who had cut his hair at the Department of Corrections on May 7.

Judge Camacho dismissed the charge against Masubed, 46, without prejudice, which means that the Attorney General’s Office can refile it.

Assistant Attorney General Erin Toolan, in her motion to dismiss filed on May 27, stated that dropping the charge will allow the Department of Public Safety and the Department of Corrections Internal Affairs to conduct an additional investigation.

In a previous order, Judge Camacho dismissed the charge of assault with a dangerous weapon against Masubed, saying that the “weapon” used by the defendant did not meet the definition of a “dangerous weapon.”

The judge, however, found probable cause to charge the defendant with assault and battery.

After the AG’s office objected to the ruling, Judge Camacho issued an amended order stating the findings of the court:

A police officer responded to the call from Corrections about a disturbance and interviewed Corrections officers about it.

A police officer stated that no one saw the defendant stab the victim, but the defendant was seen hitting the victim with his fist.

After securing Masubed, Corrections officers discovered a broken toothbrush handle.

“It is not known at this time if the broken toothbrush was used in the assault,” the court stated, adding that

there was no blood on the toothbrush handle.

The court also found that there was a very small bruise mark on the head of the victim, but “the bruise mark does not appear to be a puncture wound.”

Police stated that Masubed admitted assaulting the barber because he, the victim, was gay.

Masubed is serving time after pleading guilty, in a separate case, to an assault with a dangerous weapon charge.

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